Refreshig Memory

Question 1

When can a witness refresh their memory in Court? N

Answer 1

May not refresh memory from a document without leave: s 32.
In addition to s 192(2) factors (Staoneoveski) Court may without limitation take into account (32(2)) ability with recall witovuf using the document an whether document written or confirmed to by accurate by witness when fresh in memory. French in memory required a flexible approach and no specific temporal limit

Production of document may be required s 32(4)
May waive privilege s 122(6)
Recall Court general power to control giving evidence under ss 11 and 26

Question 2

When can a police officer refresh memory in Court?

Answer 2

If criminal proceeding, police officer giving evidence in chief for prosecution may read or be lead through a written statement previously made provided (s
33):
Statement made at time or soon after occurrence of events to which statement refers
Signed statement when made
Copy given to D a reasonable time before hearing of evidence
Soon after implies days rather than weeks: Orchard v Spooner

Must be PO at time of statement s 33(3)
Otherwise can use s 32
Recall Court general power to control giving evidence under ss 11 and 26

Question 3

When can witness refresh memory outside of Court?

Answer 3

Almost no limits: s 34 implicitly allows: Lindsay Owens v Lake

Could can give documents as appropriate or ensure documents used produced to a party requesting: s 34(1)

Question 4

When can witnesses be called upon to product documents?

Answer 4

Documents used to refresh memory in box or outside can be produced if Court give directions to produce (outside Court will be on request): s 32(4), 34

Documents not automatically admissible but loss of LPP under s 122(6) for ss 32,33
No obligation to tender documents called for (s 35)
Court can order persons present and compellable to produce documents without subpoena s 36